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US, Ohka America Reach Settlement in Custom Spats Over Photoresists

CBP and importer Ohka America reached a settlement over the proper tariff classification of photoresists in three different cases at the Court of International Trade. According to the three separate stipulated judgments on agreed statement of facts, the parties reached…

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an agreement on the proper Harmonized Tariff Schedule subheading for the entries, dropping the duty rate from 6.5% to 3%. CBP originally liquidated the photoresists under HTS subheading 3707.90.32, which provides for "Chemical preparations for photographic uses (other than varnishes, glues, adhesives and similar preparations...: Other:Chemical preparations for photographic uses: Other." The parties agreed, though, to liquidate the entries under subheading 3707.10.00, whch provides for “Chemical preparations for photographic uses (other than varnishes, glues, adhesives and similar preparations). Sensitizing emulsions." The cases were filed in 2005, 2006 and 2008 (Ohka America v. United States, CIT #05-00118, #06-00415, #08-00029).